Galloway wildfowl collector pleads guilty to 14 charges relating to the poisoning of red kites

BREAKING NEWS:

Barry Nicolle, a wildfowl collector in south west Scotland, has pleaded guilty to 14 charges this morning at Dumfries Sheriff Court in relation to the illegal poisoning of red kites in the area.

Red kite. Photo: Dick Forsman

Nicolle’s guilty pleas relate to the poisoning of four red kites, placing out poisoned baits, possession of illegal poisons and illegal trap use, according to Ian Thomson, Head of Investigations at RSPB Scotland.

Police Scotland led a multi-agency investigation, assisted by the RSPB, after a number of poisoned red kites were discovered in the area between 2018-2020 (see here, here, here and here for previous blogs).

Nicolle is due to be sentenced on 19th May 2023.

I expect full details of the case will be published post-sentencing.

UPDATE 6th April 2023: Police Scotland statement on conviction of red kite poisoner Barry Nicolle (here)

UPDATE 19th May 2023: Monumentally inadequate sentence for Barry Nicolle, serial red kite poisoner in Dumfries & Galloway (here).

Arrest made in relation to red kite shooting on Lochindorb Estate grouse moor

Police Scotland have arrested a 56-year old man as part of their investigation into the shooting of a red kite on a grouse moor on Lochindorb Estate earlier this week.

A rough estimation of Lochindorb Estate boundary at the edge of the Cairngorms National Park

It’s hard to keep up with all the raptor persecution news this week, but this is the red kite that members of the public witnessed being shot on the grouse moor on Monday 27th March 2023 at around 11.15am. The Scottish SPCA attended the scene along with Police Scotland but unfortunately the kite’s injuries were so devastating that the bird had to be euthanised (see here).

Police Scotland issued a very fast appeal for information on Tuesday, saying they were particularly interested in finding witnesses who might have seen quad bikes or off-road vehicles in the area on Monday morning.

Yesterday afternoon (Friday 31st March 2023) Police Scotland issued the following short statement:

Arrest after bird of prey shot near Grantown-on-Spey

A 56-year-old man has been arrested and released pending further investigation after a bird of prey was shot near Grantown-on-Spey.

Officers received a report of a bird being shot around 11.15am on Monday, 27 March, 2023, at the Lochindorb Estate.

ENDS

Great work by Police Scotland. Let’s hope they find sufficient evidence to charge someone for this latest shooting.

Red kite found shot on a Durham grouse moor is ‘fighting for its life’

The RSPB has just issued the following press release:

RED KITE FOUND SHOT ON GROUSE MOOR IS ‘FIGHTING FOR ITS LIFE’

  • The protected bird of prey was found grounded on a grouse moor in County Durham, in March 2023
  • An X-ray revealed multiple pieces of shot within the bird’s body
  • Durham Police and the RSPB are appealing for information

A Red Kite – a species protected by UK law – was found in Edmundbyers, County Durham in a stricken condition, peppered with shot and is currently fighting for its life in a bird hospital.

A member of the public noticed the bird at the side of a public footpath along Burnhope Burn on 17 March 2023 and reported it to the RSPB. Arriving on the scene, RSPB Investigations Officers found the Red Kite hiding in bracken, alive but unable to fly.

It was taken to a wildlife rehabilitator and looked over by a vet. An X-ray revealed the bird’s entire body was peppered with shot including pieces that had broken its wing.

All birds of prey are legally protected, making it a criminal offence to intentionally kill or injure one, punishable by an unlimited fine or jail.

Red Kites were historically persecuted in the UK but are making a comeback thanks to official reintroduction programmes in recent decades supported by Government. However these birds take a long time to spread out, and illegal killing is preventing the species expanding and gaining a foothold in areas where they were formerly found before they were driven to extinction in England around the late nineteenth century.

This incident comes in the same week when news of another Red Kite was found shot in Grantown-on-Spey, [Ed: see here] in the Scottish Highlands, also in March 2023. Sadly, it had to be euthanised due to the extent of its injuries.

This area of County Durham inside the North Pennines AONB has a history of raptor persecution. In 2021, another red kite was found dead near Edmundbyers, Co Durham having been illegally poisoned. Police-led searches in the area followed last year, however no one was prosecuted.

And in 2020, two Red Kites fitted with satellite tags unexpectedly and inexplicably vanished in the same area: one tag sent its last fix from the Derwent Gorge, the other from a grouse moor near Derwent Reservoir. Neither the birds or their tags were found, and it is believed they were illegally killed.

The link between driven grouse shooting and the illegal killing of birds of prey has been well documented. The RSPB’s latest Birdcrime report showed that 71% of all confirmed incidents of raptor persecution were in connection to gamebird shooting.

Jack Ashton-Booth, RSPB Investigations Officer, said:

The kite is currently receiving the best care, and we understand it has been hopping up onto a perch and feeding itself. However it’s still not out of the woods. We are incredibly grateful to the diligent member of the community who noticed and reported the bird, and urge anyone else who finds a dead or injured bird of prey in suspicious circumstances to do the same. It could save a bird’s life and help us identify a raptor killer at large. We are also hugely grateful to Jean Thorpe, who is caring for the bird, as she has done so many others.

It’s unlikely this Red Kite will have flown far from where it was shot. If you have any information about who might have done this, or know of anyone shooting birds of prey in this area, please get in touch.”

Friends of Red Kites (FoRK), a voluntary monitoring and community engagement organisation based in the North East, commented:

We are sickened to hear that yet another Red Kite has been found on the moorlands of the North Pennines suffering from illegal persecution. Since the re-introduction of Red Kites to the North East of England in 2004, a number of birds have been found dead on or adjacent to these moorlands which are managed for grouse shooting. After nearly 20 years the population of breeding kites has barely advanced above 20 pairs. By comparison, populations of kites in other areas where they have been released, like the Chilterns, are booming. It is a sad indictment on parts of society that the people of the North East are denied seeing these beautiful birds gracing our skies more widely.” 

If you have any information, contact Durham Constabulary’s Wildlife Crime Officer, PC Dave Williamson, by emailing david.williamson@durham.police.uk or calling in to Barnard Castle Police Station.

Alternatively, to share sensitive information in confidence, call the RSPB’s Raptor Crime Hotline on 0300 999 0101.

ENDS

UPDATE 12th April 2023: Shot red kite found on a Durham grouse moor is successfully re-habilitated and released back to wild (here)

Game-shooting industry’s response to news that red kite was shot on grouse moor (Lochindorb Estate)

Further to yesterday’s news that a member of the public witnessed the shooting of a red kite on Lochindorb Estate on Monday morning (see here), I’ve been looking to see how the game-shooting industry has responded to Police Scotland’s appeal for information.

You’ll recall that this is the game-shooting industry whose organisations routinely state they have a ‘zero tolerance’ policy towards raptor persecution, in which case you’d think they’d be quick to condemn this latest crime and call on their members to assist the police in any way they can.

So far, I haven’t found any statements of condemnation on the websites of the Scottish Gamekeepers Association, BASC, or the Countryside Alliance.

I did find a statement on the website of Scottish Land & Estates (SLE), the grouse moor owners’ lobby group, as follows:

It’s good to see a prompt response from SLE (their statement was published yesterday) and it’s also good to see SLE urging its members and readers to assist with the police investigation.

Although I couldn’t help but notice that Lochindorb Estate isn’t named, and nor is the fact that Police Scotland is particularly interested in receiving information relating to quad bikes and off-road vehicles seen in the area at the time of the shooting.

If anyone does have information, please contact Police Scotland on 101, quoting incident number 1760 of Monday, 27 March, or make a call anonymously to the charity Crimestoppers on 0800 555 111.

Red kite shot on Lochindorb Estate: Police Scotland issue appeal for information

A member of the public witnessed the shooting of a red kite on the Lochindorb Estate yesterday morning. It was recovered by the Scottish SPCA but unfortunately its injuries were so severe it had to be euthanised.

Police Scotland has issued the following appeal for information:

APPEAL FOLLOWING BIRD OF PREY SHOT NEAR GRANTOWN-ON-SPEY

Officers are appealing for information after a protected bird of prey was shot near Grantown-on-Spey.

We received a report of a red kite being shot around 11.15am on Monday, 27 March, on the Lochindorb Estate, Grantown-on-Spey.

It was recovered with the assistance of the Scottish Society for the Prevention of Cruelty to Animals (SSPCA) but had to be euthanized as its injuries were not recoverable.

Community Police Inspector Craig Johnstone said: “The red kite is a protected species and under the Wildlife and Countryside Act 1981 it is illegal to kill them.

I am asking anyone in the local community who may be able to help with our enquiries to come forward. If you were walking in the area on Monday then please let us know if you saw anything.

In particular, if you saw quad bikes in the area or off road vehicles, then get in touch as even the smallest bit of information could assist with our investigation.”

Anyone with information is asked to contact Police Scotland on 101, quoting incident number 1760 of Monday, 27 March, or make a call anonymously to the charity Crimestoppers on 0800 555 111.

ENDS

I applaud this very fast public appeal for information by Police Scotland. It’s in stark contrast to their 19-month silence about a poisoned red kite that was found in the same region in 2021 (see here) and for which they received much deserved criticism.

All credit to them for responding so quickly this time and for naming the estate on which the shooting was witnessed. Bravo.

UPDATE 29th March 2023: Game-shooting industry’s response to news that red kite was shot on grouse moor (Lochindorb Estate) here

UPDATE 1st April 2023: Arrest made in relation to red kite shooting on Lochindorb Estate grouse moor (here)

Fascinating new details emerge about investigation into raptor persecution on Shaftesbury Estate in Dorset

Earlier this year, criminal gamekeeper Paul Allen was sentenced for multiple wildlife, poisons and firearms offences committed on the Shaftesbury Estate in Dorset in 2021 (see here).

He first came to the attention of the police after a member of the public discovered a dead red kite on the estate in November 2020. Tests revealed it contained the poison Bendiocarb and this triggered a multi-agency raid in March 2021 led by Dorset Police’s (now former) wildlife crime officer Claire Dinsdale.

The poisoned red kite found on the Shaftesbury Estate by Dorset resident Johanna Dollerson

Officers found the corpses of six dead buzzards by a pen behind the gamekeeper’s house (tests later showed they had all been shot, including one that was was estimated to have been shot in the last 24hrs). Officers also found the remains (bones) of at least three more buzzards on a bonfire.

A loaded shotgun was found propped up behind a kitchen door (!) and 55 rounds of ammunition were found in a shed. Both the gun and the ammunition should have been inside a locked, specifically-designed gun cabinet, by law. The gun and the ammunition were not covered by Allen’s firearms certificate.

Officers also found a number of dangerous, and banned, chemicals, including two bottles of Strychnine, two containers of Cymag and a packet of Ficam W (Bendiocarb) in various locations, including in a vehicle used by Allen.

Some of you may also recall that Allen was initially charged with killing the red kite, but court records showed that this charge, along with two others, was subsequently dropped minutes before the hearing (see here), probably as some kind of bargaining agreement between the lawyers.

Allen was sentenced in February 2023 and escaped a custodial sentence due to his personal circumstances (see here).

If you recall, the Shaftesbury Estate was also where a young satellite-tagged poisoned white-tailed eagle was found dead, a year later, in January 2022. Tests revealed the eagle’s liver contained seven times the lethal dose of the rodenticide Brodifacoum but Dorset Police refused to conduct a search of the estate, despite already running an investigation into gamekeeper Paul Allen’s crimes on the same estate(!), and they still haven’t provided a credible explanation for that appalling decision (see here).

Now new details have emerged about what was found during the investigation into gamekeeper Allen, thanks to Guy Shorrock, a member of the PAW Forensics Working Group and a former Senior Investigator at RSPB. Guy has written a guest blog for Wild Justice to demonstrate how the Raptor Forensics Fund, initiated by Wild Justice in 2020, has been used to help bring a number of criminal gamekeepers to court.

In that guest blog, Guy discusses the forensic testing undertaken on a ‘cut open’ dead rat that had been found next to the red kite’s corpse. Tests revealed it, too, contained the poison Bendiocarb – in other words, it had been placed as a poisoned bait. Forensic testing also confirmed that the kite had consumed part of a brown rat. You don’t have to be Poirot to piece it all together but even though Allen’s vehicle contained multiple pots of Bendiocarb, this still isn’t sufficient evidence to demonstrate without reasonable doubt that he was responsible for placing the poisoned bait that killed that red kite. This is a very good example of just how high the criminal burden of proof is and why so many prosecutions against gamekeepers have failed.

What has also been revealed is that in addition to being poisoned by Bendiocarb, that red kite also contained NINE times the lethal level of the rodenticide Brodifacoum in its system!! Sound familiar? The dead white-tailed eagle, found on the same estate a year later, contained seven times the lethal dose. To me, this makes Dorset Police’s decision not to search the Shaftesbury Estate even more non-sensical than previously thought.

Wild Justice has asked its legal team to examine Dorset Police’s botched handling of the poisoned white-tailed eagle case and expects to have more news on that in due course.

Meanwhile, I’d really encourage you to read Guy’s guest blog on Wild Justice’s website (here), published this morning, for a fascinating insight into the pain-staking forensic work that goes in to prosecuting those who continue to kill raptors.

The Raptor Forensics Fund, initiated by Wild Justice and supported by donations from the Northern England Raptor Forum, Tayside & Fife Raptor Study Group, Devon Birds, and a number of generous individuals who wish to remain anonymous, is now running low (because it’s been used so often!). Wild Justice intends to top up the fund shortly. If you’d like to donate to Wild Justice’s work, please click here. Thank you.

Dorset Police response to sentencing of criminal gamekeeper Paul Allen

Well it’s taken them long enough, but finally Dorset Police has managed to issue a statement about the conviction and sentencing of criminal gamekeeper Paul Allen, who pleaded guilty to multiple wildlife, poisons and firearms offences whilst working on the Shaftesbury Estate in March 2021.

You’ll recall I was surprised when Dorset Police failed to mention anything about Allen’s forthcoming court appearance and subsequent conviction back in January, despite the force publishing statements about a wide variety of other criminal cases at various stages of progression through the criminal justice system (see here), but at last, they’ve got around to saying something. Although what they’ve chosen to exclude from this press statement is far more revealing than what they’ve chosen to include.

The following statement was published on the Dorset Police website last Thursday:

A man has been sentenced at court for wildlife and firearms offences in East Dorset following a multi-agency investigation led by rural crime officers.

Paul Scott Allen, aged 54, was sentenced at Weymouth Magistrates’ Court on Thursday 16 February 2023 after admitting a total of seven offences at a previous hearing.

The defendant pleaded guilty to two counts of possessing a live or dead wild bird under schedule 1 of the Wildlife and Countryside Act 1981 and two charges of failing to comply with the conditions of a firearms certificate.

Allen also admitted the following offences:

Using a biocidal product in contravention of the Health and Safety at Work Act 1974.

Possessing an unlawful substance under the Plant Protection Products Regulations 2012

Possessing a regulated substance without a licence under the Poisons Act 1972.

Allen was sentenced to 15 weeks in prison, suspended for 12 months. He was also ordered to pay fines and compensation totalling more than £2,900. 

The investigation was launched by Dorset Police’s Rural Crime Team following reports of suspected bird poisonings on a rural estate in East Dorset.

Following work with partner agencies including Natural England and the National Wildlife Crime Unit, a warrant was executed on Thursday 18 March 2021. During searches a number of dead birds of prey were located.

Officers also searched the address of Allen, a gamekeeper at the estate, and found a shotgun and ammunition, which were not covered by the defendant’s firearms certificate. Further enquiries uncovered a number of prohibited toxins at the premises.

Allen was interviewed by officers and – following detailed enquiries and liaison with experts from the Crown Prosecution Service – was charged with the various offences.

Chief Inspector David Parr, of Dorset Police, said: “We take all reports of wildlife crime and rural criminality very seriously. This case has seen us work with partners including Natural England and the National Wildlife Crime Unit to compile evidence before liaising with the Crown Prosecution Service Specialist Wildlife Prosecutor who agreed to the charges against the defendant.

“Wildlife crime remains a key objective of the recently expanded Dorset Police Rural Crime Team and we will continue to work with our partners to investigate criminal offences and deal with offenders robustly.”

Stephanie Bird-Halton, National Delivery Director for Natural England, said following the hearing: “Natural England is determined to tackle the scourge of persecution of our birds of prey. We assisted Dorset Police in this prosecution, gathering evidence and providing specialist technical advice. We are pleased Allen has been held to account for his offences against our wildlife. 

“Without landowners and land managers complying with the law and reporting illegal activity, the impact on our wildlife will continue.

“If members of the public spot birds of prey they suspect may have been poisoned, we would ask them to contact the police, but not to touch the bird.”

Angharad Thomas, the CPS Wessex Wildlife Lead, said: “We work closely with the police on all wildlife related cases to make sure there is sufficient evidence to meet our legal test for prosecution.

“In this case, the review of extensive and complex evidence made it clear that Allen’s offending posed a significant threat to human and animal life, as well as having a negative impact on the countryside.

“Anyone acting otherwise than in accordance with firearms licences or in contravention of laws intended to protect our wildlife and countryside will be prosecuted.”

ENDS

To a casual observer, this press statement is straightforward, detailed and complimentary about a number of partners involved in the investigation that led to a successful conviction. Hooray! Tea and medals all round! But for those of us who’ve taken more than a passing interest in this case, what this statement actually is is petty and vindictive.

Why do I think that? Well, look closely and you’ll see that one of the significant partners in this multi-agency investigation, the RSPB, has been erased completely from the narrative by Dorset Police.

The statement mentions other partners including the NWCU, Natural England and the CPS, but there’s no mention whatsoever of the RSPB or the specialist role it brought to the case, from initial liaison with the (now former) Dorset Police wildlife crime officer, Claire Dinsdale, to helping plan and then conduct the search under warrant of Allen’s premises, to providing expert guidance on what was found, organising the forensics testing on the exhibits, then having considerable input into the file preparation for submitting to the CPS and then considerable liaison with the CPS itself.

As you can see, the RSPB wasn’t just along for the ride, it made an important and weighty contribution to the case, so why has Dorset Police gone out of its way to exclude it? My guess would be that it’s because the RSPB has been extremely supportive of Claire Dinsdale as she continues to battle senior officers over the botched investigation into the poisoned white-tailed eagle (an on-going saga).

I was also amused to read in the press statement the quote from Chief Inspector David Parr of Dorset Police, who said: “We take all reports of wildlife crime and rural criminality very seriously….. Wildlife crime remains a key objective of the recently expanded Dorset Police Rural Crime Team and we will continue to work with our partners to investigate criminal offences and deal with offenders robustly.”

Yeah, right, as long as it doesn’t involve conducting a police search on a shooting estate to look for evidence about who might have poisoned a white-tailed eagle, especially if a gamekeeper on that estate just happens to already be under investigation for multiple wildlife, poisons and firearms offences, and especially if a local Conservative MP has been kicking off about ‘wasting police resources on investigating wildlife crime’. Yeah, apart from that, Dorset Police will ‘continue to work with our partners [apart from the RSPB] to investigate criminal offences and deal with offenders robustly‘.

Game-shooting industry’s response to sentencing of Dorset gamekeeper Paul Allen

Further to last week’s blog about criminal gamekeeper Paul Allen’s sentencing for committing multiple wildlife, poisons and firearms offences on the Shaftesbury Estate in Dorset (here), here is a round-up of responses from the organisations within the game-shooting industry who also serve on the Raptor Persecution Priority Delivery Group (RPPDG), whose main objective is to raise awareness amongst the organisations’ members about illegal raptor persecution and prevent these crimes from happening:

National Gamekeepers Association: The previous statement published by the National Gamekeepers Organisation (NGO), after Allen had pleaded guilty at a hearing in January, was so cryptic that the casual visitor to the NGO website wouldn’t have known it related to Allen and his crimes (see here).

So it’s pleasing to see that this time the NGO has published a statement acknowledging that criminal gamekeeper Paul Allen is an NGO member and that he has now been expelled. The following statement has prominent billing on the NGO’s website:

Expulsion from membership is good, and I applaud the NGO for publicising this action, although in reality it has no bearing whatsoever on Allen’s ability to continue working as a gamekeeper. Although often described by the shooting industry as a ‘profession’, gamekeeping isn’t regulated in the same way as I what I understand to be an actual ‘profession’.

For example, in many other (actual) professions, you’d be disbarred/struck off from practicing if convicted of an offence, especially an offence commissioned whilst undertaking your ‘professional’ duties. Not so for gamekeeping – you can be chucked out of one of the membership clubs but you can still ‘practice’/be employed as a gamekeeper even with a criminal conviction. We’ve seen this happen on many occasions, where a convicted gamekeeper has simply moved to another estate and carried on as though nothing has happened.

I note that the NGO’s statement on Allen has not been publicised on the NGO’s Twitter or Facebook accounts, only on its website.

British Association for Shooting & Conservation: BASC didn’t bother to publish any statement after Allen’s criminal conviction back in January, but it has done now he’s been sentenced, which is progress. The following statement has prominent billing on the BASC website:

As with the NGO’s statement, it’s good to see that BASC also hasn’t tried to be cryptic as its statement is clearly linked to Paul Allen’s crimes, conviction and sentencing.

Predictably, there’s a considerable amount of damage limitation included in the statement, talking about the so-called ‘minority who engage in this criminal behaviour‘ and maintaining that the shooting industry ‘works hard to support sustainable shooting‘ (er, the importation & release of 60+ million non-native gamebirds every year cannot possibly be described as ‘sustainable’!) but at least it’s published something in recognition of Allen’s crimes. Although, as with the NGO, I note that BASC’s statement on Allen has not been publicised on the BASC Twitter or Facebook accounts, only on its website.

COUNTRYSIDE ALLIANCE: Remains silent on Allen’s crimes, conviction and sentencing. No surprise.

COUNTRY LAND & BUSINESS ASSOCIATION (CLA): Remains silent on Allen’s crimes, conviction and sentencing.

I’ll blog shortly about responses to Allen’s sentencing from Dorset Police and Natural England.

Convicted Dorset gamekeeper Paul Allen due to be sentenced today

Paul Allen, 54, the gamekeeper convicted last month of multiple wildlife, poisons and firearms offences committed on the Shaftesbury Estate, Dorset in March 2021 (here) is due to be sentenced at Weymouth Magistrates Court this afternoon.

You may recall, following the discovery of a poisoned red kite on the estate in November 2020, a multi-agency raid led by Dorset Police’s (now former) wildlife crime officer Claire Dinsdale took place in March 2021 (see here) where the corpses of six dead buzzards were found by a pen behind his house (tests later showed they had all been shot, including one that was was estimated to have been shot in the last 24hrs). Officers also found the remains (bones) of at least three more buzzards on a bonfire.

A loaded shotgun was found propped up behind a kitchen door (!) and 55 rounds of ammunition were found in a shed. Both the gun and the ammunition should have been inside a locked, specifically-designed gun cabinet, by law. The ammunition was not covered by Allen’s firearms certificate.

Officers also found a number of dangerous, and banned, chemicals, including two bottles of Strychnine, two containers of Cymag and a packet of Ficam W (Bendiocarb) in various locations, including in a vehicle used by Allen.

Four of the nine dead buzzards found. Photo: RSPB

At a hearing on 4th January 2023, Allen pleaded guilty to seven charges including two counts of possessing a live or dead bird, or parts thereof, one charge of failing to comply with the conditions of a shotgun certificate, one charge of failing to comply with the conditions of a firearms certificate, one count of possessing a regulated substance without a license, one count of failing to comply with  regulations in accordance with the Plant Protection Products (Sustainable Use) Regulations 2012 and one charge of contravening a health and safety regulations.

A number of other charges were dropped minutes before the start of the hearing after some discussion between the defence and the CPS. I’ve annotated this court listing to demonstrate the changes. The court listing was provided by a court clerk at last month’s hearing (thanks to the blog reader who sent it to me).

The court deferred sentencing until today to allow reports to be complied on Allen, to help inform sentencing. In my view these crimes pass the custody threshold but the court will need to consider any mitigating factors. For example, it has been reported elsewhere that Allen is recently widowed and has two teenage children. If he is the sole carer for these children then that will likely impact on the type of sentence he receives, although I would argue that having unsecure, highly dangerous poisons and an unsecure loaded shotgun propped up behind his kitchen door is questionable behaviour for an apparently responsible parent.

Sentencing takes place this afternoon and a large amount of media coverage is anticipated. I’ll report back later.

UPDATE 16.30hrs: Criminal Dorset gamekeeper Paul Allen receives suspended custodial sentence despite committing multiple wildlife, poisons and firearms offences (here)

Red kite found poisoned on Swinton Estate – North Yorkshire Police refuses to investigate

Last November I was reading an online article on the Teeside Live website about the Nidderdale Area of Outstanding Natural Beauty (AONB) in North Yorkshire being dubbed ‘the bird poisoning capital of the UK‘ (here).

The article was illustrated with various photographs, including this image of a poisoned red kite that was reportedly found dead at Roundhill Reservoir, near Masham in 2021:

The given location caught my eye as I understand the Roundhill Reservoir is surrounded by the Swinton Estate, a notorious grouse-shooting estate that has been at the centre of police investigations into confirmed and alleged raptor persecution for years.

For example, this is the estate where hen harrier ‘Bowland Betty’ was found dead in 2012, later confirmed to have been shot (here & here) although it has never been established whether she was shot on or off the estate. It’s also where a Swinton Estate gamekeeper was convicted for twice setting an illegal pole trap in 2013 (here) and where another hen harrier, ‘River’, was found shot dead in 2019 (here). Around the same time as River’s demise, an unidentified gunman had been filmed with two dogs walking through a hen harrier roost on the estate (here). There have also been reports from local raptor workers of the ‘mysterious disappearances’ of many raptors on this estate for over a decade.

The owner of Swinton Estate is Mark Cunliffe-Lister, Earl of Swinton, who in 2020 became the new Chairman of the grouse moor owners’ lobby group, the Moorland Association (here). This is a high profile position and in recent years Mr Cunliffe-Lister’s estate has become somewhat of a poster child for DEFRA’s ludicrous hen harrier brood meddling trial, where the estate has championed the removal of some hen harrier chicks in return for permitting others to remain and to be diversionary fed by estate staff, although this hasn’t been without controversy either after it emerged that Natural England had appeared to ‘bend the rules’ in favour of estate activities (e.g. see here). Controversially, in 2021 a Guardian journalist described Swinton Estate as the ‘hen harrier’s friend’ (here), supported by a statement from Stephen Murphy (Natural England) about the estate’s head gamekeeper, “What he’s done for harriers, word’s can’t describe“. Murphy also claimed that hen harrier Bowland Betty had definitely been shot elsewhere and merely flew on to the estate to die – an unevidenced claim that was later amended in the article. Last year the estate won what was described as ‘a prestigious conservation award’ for its involvement in the hen harrier brood meddling trial (here).

So, back to that article I was reading in November 2022. I didn’t recall hearing about a poisoned red kite being found on the Swinton Estate in 2021 and I’m pretty sure I would have remembered, given the location, so I did some digging to make sure the poisoning had been confirmed and the location verified, just in case the journalist had cocked up (she’d already mistakenly described Nidderdale as a ‘village’ instead of a region so I couldn’t rely on her account of the poisoned red kite to be accurate).

The Nidderdale Area of Outstanding Natural Beauty (AONB), North Yorkshire
Roundhill Reservoir in the Nidderdale AONB

I found details about this crime on the HSE’s Wildlife Incident Investigation Scheme spreadsheet, which confirmed the kite had been found poisoned on a Right of Way footpath in November 2021. The poisons found in the kite’s stomach included Bendiocarb, Carbofuran, Chloralose and Isofenphos – this highly toxic combination has become known as the ‘Nidderdale Cocktail’ as it’s so frequently used to kill birds of prey in this region, especially red kites (e.g. see here, here, here).

The red star denotes the approximate location of the poisoned red kite found in November 2021, close to Roundhill Reservoir and surrounded by the grouse moors of Swinton Estate

However, I couldn’t find any media coverage of this crime, nor any police appeals for information, nor any warnings to the public about the continued use of poisons so dangerous that some of them have been banned for years. Given that a year had already passed since the poisoned kite was discovered, I found this puzzling. So I contacted North Yorkshire Police’s rural crime team and asked them about the status of the investigation:

Here’s the astonishing response I received:

This North Yorkshire Police Inspector admitted that this poisoned red kite “unfortunately slipped through the net” but then went on to justify the police’s decision not to investigate by accusing the RSPB of failing to notify the police about this incident when the poisoned kite was first picked up. He claimed the police only found out about it five months later, in April 2022, whilst chasing the lab for the results of another investigation.

His allegations about the RSPB aside (and which I’ll come to, below), I was still stunned that he thought that launching an investigation, and issuing a public appeal for information, let alone issue a warning to the public about the use of poisons in the countryside, wasn’t worthwhile due to the ‘passage of time’ (five months), especially given the location where the poisoned kite had been found.

A couple of years ago a previous North Yorkshire Police Inspector had issued a public appeal/warning, ten months after the discovery of another poisoned red kite in Nidderdale (see here), so it seemed to me that there was no reason not to issue one after a five month delay.

I wrote back to North Yorkshire Police asking for an explanation:

Apparently, it wasn’t up for debate. Here’s the response I received:

Meanwhile, I contacted the RSPB and put to them the allegations this Inspector had made, that the RSPB hadn’t notified the police about the discovery of this red kite. It turns out those allegations were utterly unfounded/untrue. The RSPB DID contact North Yorkshire Police, on the day the poisoned kite was discovered, and took instruction from the police about submitting the corpse for toxicology analysis. Furthermore, they had the email correspondence to prove it:

So what are we to make of North Yorkshire Police’s refusal to investigate a confirmed poisoning incident (a so-called national wildlife crime priority), on an estate with a long history of alleged wildlife crime, that has enjoyed recent adulation from Natural England staff and the media, that has played a significant role in the hen harrier brood meddling trial, and whose owner is a high profile representative of the grouse-shooting industry?

Does Mr Cunliffe-Lister even know about this poisoned kite being found on his estate? Given the Moorland Association’s claimed ‘zero tolerance’ of raptor persecution, and Mr Cunliffe-Lister’s widely-reported apparent welcoming of birds of prey on his estate, I’d have expected him to speak out and condemn this disgraceful poisoning incident, as any decent landowner would. It’d be interesting to know whether North Yorkshire Police have informed him, or not.

Whatever, North Yorkshire Police’s refusal to investigate this crime is wholly unacceptable. In the first instance, I’ll be writing a letter of complaint to the North Yorkshire Police, Fire and Crime Commissioner, Zoe Metcalfe.

In her Police and Crime Plan 2022-2025 (here), she details an objective of ‘an improved [police] response to crime in rural areas, especially wildlife crime...’ as this had been identified as a major concern for North Yorkshire residents in the recent PCC consultation.

UPDATE 23.30hrs: Natural England’s senior management team has a lovely day out…on Swinton Estate!! (see here).